Workplace Accidents

When someone is injured or killed while working, they generally cannot bring a lawsuit against their employer. Instead, the injured employee must make a claim under the state Workers’ Compensation Act, which requires employers to provide benefits to the injured worker. Workers’ compensation law varies from state to state and has many potential obstacles and pitfalls. We have an extensive network of workers’ compensation attorneys, if that is the extent of your claim.

Leg and yellow helmet of injured worker at work lying on the floor

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Can I sue my employer?

Although employers do have protection from personal injury claims of employees, it is not absolute. The following are examples of situations in which you may be able to sue your employer.

  • You were injured because of your employer’s intentional or grossly negligent acts.
  • Your employer does not carry workers’ compensation insurance.
  • Your employer denied your workers’ compensation claim in bad faith.
  • Your employer manufactured the product that injured you.

  • Your employer has a contractor or subcontractor that was involved in your injury.
  • You are an independent contractor – independent contractors aren’t employees of the “employer.”
Worker with sprained ankle on floor in warehouse

Laws Prohibit Employer Retaliation and Discrimination

All states laws also prohibit employer retaliation and discrimination. If you have been treated unfairly because of your injury or because you filed for workers’ compensation, you may have separate grounds for a claim.

You May Have a Third-Party Claim

If you cannot sue your employer, you may be able to pursue a third-party claim. This is could be a claim against:

  • a contractor
  • a subcontractor
  • a property owner
  • an architect
  • suppliers of dangerous products to the job
  • a negligent driver
  • or any other person or company that was at fault in your accident.

We’re Here to Help

If you are concerned about an injury you or a loved one has incurred, you should act promptly to seek advice. This is important both in order to take the burden of “not knowing” off of your shoulders and because personal injury laws have strict filing deadlines which could bar your claim. Pelton Graham is here to help.

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